coolmanasip
07-19 09:39 AM
If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
wallpaper ridge to Guadalupe Peak.
BharatPremi
10-19 01:40 PM
LC Salary:- $85,000
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
coolngood4u80
01-25 08:38 PM
Is this only for phds or for master graduates too?
2011 Texas - Guadalupe Mtns - 3rd
waitnwatch
01-03 01:29 PM
I got my H1-B renewed in November from Kolkata.....I had to submit additional information under 221(g). The consular officer specifically told me that it takes about 2 weeks and that was exactly what it took.
One advice....try to show how your work and expertise has nothing to do any security related stuff. This is of course my own interpretation.
I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..
One advice....try to show how your work and expertise has nothing to do any security related stuff. This is of course my own interpretation.
I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..
more...
priti8888
10-02 12:30 PM
--------------------------------------------------------------------------
In June/July 2007 they allocated visa numbers to various applications based on RD.
Say Mr A with a PD of 2004 applied for 485 on July 23.
But Mr B with a PD of 2005 applied for 485 in 2005 or anytime before July 2007.
Mr B may be assigned a visa number and you will see his aproval anytime from July-Oct 2007. Since he already applied 485 , his name check, FP, etc is clear and case is pre-adjudicated.
Therefore, inspite of the fact that Mr B 's PF is not current, you will still see approvals in August, sept, oct.
In June/July 2007 they allocated visa numbers to various applications based on RD.
Say Mr A with a PD of 2004 applied for 485 on July 23.
But Mr B with a PD of 2005 applied for 485 in 2005 or anytime before July 2007.
Mr B may be assigned a visa number and you will see his aproval anytime from July-Oct 2007. Since he already applied 485 , his name check, FP, etc is clear and case is pre-adjudicated.
Therefore, inspite of the fact that Mr B 's PF is not current, you will still see approvals in August, sept, oct.
GCAmigo
01-02 03:48 PM
So I was lucky as I am blissfully ignorant of this rule up until now.. may be my next visit would be with an AP.. just dreaming.. I went to the Chennai Consulate though...
more...
Jimi_Hendrix
11-02 02:41 PM
cases where I140 is approved and I485 is pending for more than 6 months i.e. AC21 cases? I think in these cases you can move to a different state. Can anyone validate this?
2010 Guadalupe Peak Tx - Old
diptam
08-13 10:56 AM
Given the Current receipting situation at NSC this sounds like a Dream story and definitely an exception. By the way - whoever got this and enjoying FIFO i would want to Congratulate him/her - I'm very happy for that chap.
But just few stray good cases can't make me say that CIS following FIFO :D
Congratulations but I was wondering if you are more an exception then a rule...:confused:
But just few stray good cases can't make me say that CIS following FIFO :D
Congratulations but I was wondering if you are more an exception then a rule...:confused:
more...
angelfire76
12-07 04:28 PM
EB1 is typically for Phds with solid publications behind their belts.
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)
Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)
Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)
hair Guadalupe Peak, Texas (Ascent
danu2007
08-21 09:26 AM
Congratulations.:)
more...
clazale
04-07 03:26 PM
http://www..com/discussion-forums/i485-1/28005017/
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
I am trying to get TSC to accept my cross-chargeability without much luck. I would really appreciate it if you could spare few mins to answer a few questions:
1. Will an infopass appointment help or a call to customer service help?
2. Do you have the format of the letter sent by your congresswomen's office?
3. Is it better if my lawyer requests the congressman's office or should i do it?
4. If i speak to my congressmans office, should i inform my attorney? I hope the letters sent by the congressmans office do not undo any work my attorney might have done.
5. How do we know that cross chargeability has been accepted. Does USCIS always send a letter informing that they have accepted the request for cross-chargeability?
Any help is really appreciated.
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
I am trying to get TSC to accept my cross-chargeability without much luck. I would really appreciate it if you could spare few mins to answer a few questions:
1. Will an infopass appointment help or a call to customer service help?
2. Do you have the format of the letter sent by your congresswomen's office?
3. Is it better if my lawyer requests the congressman's office or should i do it?
4. If i speak to my congressmans office, should i inform my attorney? I hope the letters sent by the congressmans office do not undo any work my attorney might have done.
5. How do we know that cross chargeability has been accepted. Does USCIS always send a letter informing that they have accepted the request for cross-chargeability?
Any help is really appreciated.
hot El Capitan and Guadalupe Peak
GC_1000Watt
12-04 06:12 PM
1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Thanks for sharing your experience. I will get back to you if I will have any further questions.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Thanks for sharing your experience. I will get back to you if I will have any further questions.
more...
house Next Posting: Guadalupe Peak,
buehler
01-31 12:04 PM
If you get married before your GC is approved you're fine. You have something like 6 months grace period after your GC is aprroved to file for her I-485. It is better to keep all of her records ready so that you can file as soon as your PD becomes current.
tattoo a view of Guadalupe Peak
psam
12-15 08:49 PM
I am the same boat. My wife got her card wheras I got a response to the SR we raised that my card was sent the same day as my 485 approval notice and it might been lost in mail. I was asked to file I-90. I called customer service several times and talked to 2nd level IO and all suggested to file I-90. I took infopass but gave a shot again by talking to 2nd level IO who went over my case and said that my card was never created so she raised a SR.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
I had same experience. Various customer service rep told me that my card was indeed sent. I think they go by email notications or by status changes to our I-485 application. It goes through "Card Production Ordered" and "Post decision activity" even when there is problem with card production. Its only when they look in some other system, they find that there was a problem with card production.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
I had same experience. Various customer service rep told me that my card was indeed sent. I think they go by email notications or by status changes to our I-485 application. It goes through "Card Production Ordered" and "Post decision activity" even when there is problem with card production. Its only when they look in some other system, they find that there was a problem with card production.
more...
pictures I#39;ve been to Guadalupe
GCAmigo
01-02 03:48 PM
So I was lucky as I am blissfully ignorant of this rule up until now.. may be my next visit would be with an AP.. just dreaming.. I went to the Chennai Consulate though...
dresses Guadalupe Peak will be the
Nil
11-09 11:32 AM
This was very prompt of you guys.
Keep up the momentum.
The community and (we believe) this country needs professionals of your caliber.
Keep up the momentum.
The community and (we believe) this country needs professionals of your caliber.
more...
makeup Guadalupe Peak, the Texas
cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
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pou-pou
06-06 01:30 PM
the one lovely green is there a few times :love:
hairstyles summit of Guadalupe Peak
rb_248
03-30 10:54 AM
Try making a baby and see if it works.
Curious_Techie
09-30 10:54 AM
Yes NSC with WAC receipt.
EB2-I PD Aug 2005.
I did applied for EAD & AP renewal in mid August.
Still on H1B. 2010 validity
EB2-I PD Aug 2005.
I did applied for EAD & AP renewal in mid August.
Still on H1B. 2010 validity
rajbgp2002
12-22 05:56 PM
If a person has filed I-485 at least 6 months back and got laid off from job,
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
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